By Bosse H.B. No. 2685
77R9120 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting certain attorney's fees from being included
1-3 in the cost of foreclosure of a property owners' association's lien
1-4 and establishing a right of redemption in relation to the
1-5 foreclosure.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 202, Property Code, is amended by adding
1-8 Sections 202.007 and 202.008 to read as follows:
1-9 Sec. 202.007. ATTORNEY'S FEES: FORECLOSURE OF PROPERTY
1-10 OWNERS' ASSOCIATION'S LIEN. (a) The amount of attorney's fees that
1-11 a property owners' association may include in the indebtedness
1-12 covered by a property owners' association lien is limited to the
1-13 greater of:
1-14 (1) one-third of the amount of all actual costs and
1-15 assessments, excluding attorney's fees, plus interest and court
1-16 costs, if those amounts are permitted to be included by law or by
1-17 the restrictive covenants governing the property; or
1-18 (2) $1,000.
1-19 (b) This section does not prevent a property owners'
1-20 association from recovering or collecting attorney's fees in excess
1-21 of the amounts prescribed by Subsection (a) by other means provided
1-22 by law.
1-23 Sec. 202.008. RIGHT OF REDEMPTION AFTER FORECLOSURE. (a) A
1-24 person who purchases property at a sale foreclosing a property
2-1 owners' association lien must commence and prosecute a forcible
2-2 entry and detainer action under Chapter 24 to recover possession of
2-3 the property from any previous owner in possession of the property.
2-4 (b) The owner of property in a residential subdivision may
2-5 redeem the property from any purchaser at a sale foreclosing a
2-6 property owners' association's lien not later than the earlier of:
2-7 (1) the 90th day after the date the owner is served
2-8 with citation in a forcible entry and detainer action; or
2-9 (2) the second anniversary of the date of the
2-10 foreclosure sale.
2-11 (c) A person who purchases property at a sale foreclosing a
2-12 property owners' association's lien may not transfer ownership of
2-13 the property to a person other than a redeeming property owner
2-14 during the redemption period.
2-15 (d) To redeem property purchased at a foreclosure sale, the
2-16 property owner must pay to the purchaser:
2-17 (1) the amount the purchaser bid for the property at
2-18 the foreclosure sale;
2-19 (2) the amount of the deed recording fee;
2-20 (3) the amount paid by the purchaser as taxes,
2-21 penalties, interest, and costs on the property; and
2-22 (4) a redemption premium of 25 percent of the
2-23 aggregate total of the amount paid under Subdivisions (1)-(3).
2-24 SECTION 2. (a) This Act takes effect September 1, 2001.
2-25 (b) The change in law made by this Act applies only to
2-26 property subject to a sale foreclosing a property owners'
2-27 association's lien that occurs on or after the effective date of
3-1 this Act.